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CO�'ENANTS V�� �`�L7SS� <br /> I. Pa}menls. 13nn��mer,igrees lo muke all�,ucmenls ou the seeuree��lehl��hen�lue. 1 I��Iess t3orro��er unJ Lender agree olhernise,any�p�i}'ments I,ender receices I��,m <br /> 13urroa�•r or Ibr 13orro�cer s benelit��ill tw t�nnG�3!:-•� � o«er o��es on the secured debt exclusive of interest or principal,second lo interesl,�md U�en to <br /> ��riucipaL ICpartial prepayment}o�e�e�y�it.yex�islcri ah�'�c�cin,it�vill nc�t reduce or excu�e any scheduled payment until the secured deUt is paid in fiill. <br /> R. ,.� ��i M�e.� ��' � � '� 4 <br /> 2. Cixims A�ainst Tifle. I3��ro���r��� �y�1►tte���g,.agqt�acrn�htt`a3Sd othcr char�,cs a1�riUutable to Uic propurl� when due and will dclend titic li�thc properiy agamst <br /> <iny claims which w��uld impui tha„1�1L.��1hts�ec4 c�t�-Ynt�'f 'i°ciic�crmav require Borro�ver to assi�n any righls, claims or delenses�uhich 13orrower tnay ha�e againsl <br /> parties who supply lahor or materials to impro��e or maintain the property. <br /> 3. Insurance. 13orro�ver�vill keep the property insured under tecros acceptable to I.ender�t Borcowers expense and for I,ender's benefit. All Insurance policies shall <br /> include a standard morlgage clause in fa�or of Lender. Lcnder��iR lx named as loss Payee or as[he insured on any such instuance policy. Any insurance proceeds m�iv he <br /> a�,�licd. �cithin Lendcr's di,cretion,to either thc restoralion or repair of the d�maiged pruperl}' or to lhe secured dcUL IC Lender reyuires mortgage insurance, 13orrower <br /> agrecs to maint�in such inswance for as long as Lcnder requires. <br /> 4. Property. 13orrower will keep the property in good condition and make all repairs reasonably necessary. <br /> 5. Expenses. I3orrower agrces to pay all Lenders expenses, including reasonable:�ttomeys' fees, if Borrower breaks any covenants in this deed of trust or in any <br /> obligation secured by this deed of trust. I3orrower will pay these amounts to Lendcr as provided in Covenant 9 of this deed of trust. <br /> 6. Prior Securit�• Interests. Unless I3orrower first obt�ins Lender's written contest, Borrower�vill not make or permit any ch�nges to any prior security interests. <br /> Bcaro«�er�t�ill perform all of Bo[rower's obligations under any prior mortgage,deed of trust or other security agreement,including Borrower's covenants to make payments <br /> when due. <br /> 7. Assignment oi Rents xnd Profits. I3orro�ver assigns to Lender the rents and proGts of the property. Unless 13orro�ver and Lender have ap,reed otherwise in writing, <br /> Bo�rower may collect�nd retain the rents as long as Rorrower is not in delault. If 13orrower defaults, Lender, Lender's agent, or a court appointed receiver may take <br /> �ossession and manage the proPerty and collect the rents. An}'rents Lender collects shall be applied tirst to the costs of managing the proPcrty,including court costs and <br /> :�ttorncys'fees,coinmissions to rental��,ents,and any other necessary related expenses. 11�e remnining amount of rents will then apply to payments on the secured deUt as <br /> pro��ded in Covenant 1. <br /> R. Leaseholds;Condominiums;Planned Unit Developments. i3orrower agrees to comply with the provisions of any lease if lhis deed of trust is on leaschold. If this <br /> deed of trust is on a unit in a condominium or a planned unit development,l�orrower will perform all of Borrower's Juties under the covenants,by laws,or regulalions oC <br /> the condominium or planned unit development. <br /> 9. Authority of Lender fo Perform for Borro«er. If f3orro��er fails to perform,any of Rorrower's duties under this deed of trust, Lender may perform the duties or <br /> cause them to he pertbrmed. Lender may sign F3oirower's nartie or pay any amount if necessary Cor performance. [f any conslruction on the pmperty is discontinueci or not <br /> carried on in a reasonable manner,Lender may do whate��er is necessary to protect Lender's securit}'interest in the property. This may include compleling the construction. <br /> Lcnder's fAilure to perfonn will not preclude Lender from exercising any of its other rights under the law or @�is deed of trust. <br /> Any amounts raid by Len�ler to protect I.ender's security interest will be secured by this deed of trust. Such amounts will be due on demand and will bear interest from the <br /> date of lhe payment until paid in full at the interest rate in efCect on the secured debt. <br /> 10. Default and Acceleratiun. If Borrower fails to make any payment when due or breaks any covenants under this deed of trust or any oblig�tion secured by this deed of <br /> trust or any prior mortgage or decd of trust,Lender may accelerate the maturity of the secured debl and demand imrnediate payment and may invoke the power of sale and <br /> any other remedies permitted by applicable law. <br /> 11. Reyuest for Notice of Default. It is hereby requested that copies of the notices of default and sale be se�t to each person who is a party hereto,at the adciress of each <br /> such person,as set fnrth herein. <br /> 12. Poner of Sale. If the l,ender invokes the power of sale,the 7'rustee shall Cirst record in the office of lhe register of deeds of each counly wherein the trust property or <br /> some p�rt or parcel lhereof is sihtaled a notice of default containing the informalion reqttired by law. 'The Tn�stee shall also mail cvpies oC the notice of default to the <br /> 13orro�ver,to each person who is u pariy hereto,and to other persons as prescribed hy applicablc la�v. Not less than one month a(ter the 7'rustee rccords the nolice oF default, <br /> or two months if the trust property is not in anv incorporated city or villtige flnd is used iu farming operations catried on by d�e trustor,the 7'rustee shall give public notice of <br /> sale to lhe persons and in the manner prescribed b}�applicable law. 'Trustee,without demand on Rc�rrower,shall sell the property at puhlic auction to lhe highest bidder. If <br /> royuired Ly t1�e P.�nn I lem,estead Protection Act,'1'ruslee shall ol�ler tl�e��roperty in hvo sepa��ile sales as required by anPlicahle law. 7'rustee may posl�xmc sale of all or any <br /> parcel of the property by public announcement at the time and place of any pre�iously scheduled sale. Lender or its designee may purchase the property at any sale. <br /> U�on receipt of payment of the price hid,7'rustee shall deliver to the purchaser 7'rustee's deed conveying the property. 'I'hc recitials contained in'Trustee's deed shall be <br /> prima facie evidience of the truth of the statements contained therein. Tnistee shall apply the procceds of the sale in the follo�ving order. (a)to all exrenses of the sale, <br /> including,but not limited to,reasonable'frustee's fees,reasonable attomey's fees�nd reinstatement fees;(b)to all sums secured by this deed of Uust,and(c)the halance,if <br /> any,to the persons legally entided to receive it. <br /> 13. Fureclosure. At I.ender's option,d�is deed of tn�st may be foreclosed in the matmer provided by applic�ble law for foreclosure of mortgages cm real property. <br /> 14. Inspection. Lcnder may enlcr the property to inspect it if Lender gives T3orrower notice beforehand. 'I�he notice must state the reasonable cause tix I,enders <br /> inspection. <br /> 1S. Condemnation. t3orrower assigns to I,ender the proceeds oCany award or claim for damages connected with u eondemriation or other taking of all or any rart of the <br /> property. Such proceeds will be applied as p�ovided in Covenant 1. This assignment is subject to the terms of any prior security agreement. <br /> 16. Waiver. I3y e�ercising any remedy available to Lender, Lender does not give up any rights to later use any other remedy. }3y not exercising any remedy upon <br /> Borrower's default,Lender does not waive any right lo later consider the event a default if it happens again. <br /> l7. Joint and Several Liability;Co-signers;Successors and Assigns Bound. All duties under this dced ot'trust are joint and severaL Any Tiorrawer who co-signs this <br /> dced of trust but does not co-sign the underlying debt instruments(s)does so only to grant and convey that Bonower's inlerest in the property lo the'frustee under the terms <br /> of this deed of trust. In addition,such a F3orrower agrees that the Lender and any oU�er F3onowcr under this deed of trust may extend,modify or make any uther changes in <br /> the tenns of this deed of trust or the secured debt without that Borrower's consent and without releasing that Borrower from the tertns of this deed of trust. <br /> '[1ie duties and benefits of this deed of trust shall bind and benefit the successors and assigns of Lender and Bo�rower. <br /> 18. NoNce. iJnless olherwise required b}' law,any notice to f3orrower shall be given by dclivering it or by mailing it by cetiified tnail addressed to Borrower at the <br /> property address or any other address that Rorro�rer has gi�en�o Lender. Botto��cr will give any notice to Lender by certi(ied mail to l,ender's address on page l of this <br /> cieed of wst,or to any other address,which Lender has desigriated. My other notice to Lender sha;l be sent to Lentier's adciress as stated or j>age 1 of this deed cf ws!. <br /> Any notice shall be deemed to have been given to 13orrower or l,ender��hen given in the manner stated above. <br /> 19. TrHnsTer of the Prnperty or a Beneficial Interest in the ltorrower. If all or any part of the property or any interest in it is sold or transCerred without ttie Lender's <br /> prior nritten consent,Lender may demand immediate payment��!the secured deUL I,ender may also demand immediate payment if the Borrower is not a natural person and <br /> z�l�eneficial interest in the Borrower is sold or transferred. Ilowever,Lender mey not demand payment in die above situations if it is prohibited by federal law as oCthe date <br /> of this deed of trust. <br /> 20. Recomeyance. When the obligation secured hy this deccl of trust has tx;en paid,and I,ender has no liirlher obligation to make advances under thc instruments or <br /> agreements secured by this deed of trust,lhe'Cruste��shall,u�xm aritten request by the I,ender,reconvey the trust properly. The Lender shall deliver to the Borrower,or to <br /> Borrouer's successor in interest,tbe trust deed and lhe note or���her evidence of the obligation so satisfied. Boirower shall pay any recordation costs. <br /> 21. Successor Trustee. I,ender,al Lender's option,may rernove 7'rustee and appoint a successor trustee by firsl,mailing a copy of the suhstitution of trustee as required <br /> by applicable law,and then,by filing the subslilulion of trustee for record in the of(ice of the re ister of deeds of each count ' <br /> B y m wh�ch the trust properly,or some patt <br /> thereof,is situ�ted. 'I�hc successor trustee,without conveyance of the property,shall succeed to all the power,duties,authority and title of the'I'rustee named in the deed of <br /> trust and of any successor trustee. <br /> < <br />